1981 Husquavarna 430 Off road
Thousand Oaks, CA
$4,800
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BMW : F-Series 2013 BMW F800GT 999 MILES SAFETY & COMFORT PACKS ABS TPMS ASC ESA HEATED GRIPS
$10,980
St. Petersburg, Florida
Year -
Make -
Model -
Category -
Engine -
Posted Over 1 Month
USA Cars 4481 107th Circle North Clearwater, FL 888-785-0507 2013 BMW F800GT 999 MILES WITH EXTRAS Year: 2013 Make: BMW Model: F800ST Trim: COMFORT AND SAFETY PACKS Stock #: 839 VIN: WB10B1305DZF86739 Transmission: 6 Speed Exterior Color: Black Interior Type: Mileage: 999 Primary Contact: USA Cars Phone: 888-785-0507 MOTORCYCLE IS IN PRISTINE/ MINT CONDITION. IT HAS VERY LOW MILES ON IT. R&G SLIDERS HAVE BEEN INSTALLED ( $450 VALUE). ORIGINAL BMW REAR BOX/BAG AND W/BACK PAD FOR PASSENGER ($550 VALUE) WAS INSTALLED. THE FIRST SERVICE HAS BEEN DONE AT BMW AT 500 MILES. ALSO THE OIL & FILTER HAS BEEN CHANGED BEFORE PUTTING THE MOTORCYCLE FOR SALE( WITH RECOMMENDED CASTROL POWER RS RACING 4T SAE 5W-40). TIRES IN PERFECT CONDITION. PLEASE CALL US OR EMAIL US WITH ANY QUESTIONS. THIS MOTORCYCLE HAS FOLLOWING OPTIONS: COMFORT AND SAFETY PACKAGES: Comfort package offers heated grips, on board computer, the center stand and bag mounts. The safety package offers ESA, tire pressure monitor system and ASC. The factory warranty expires 02/20/2016 or 36K miles. All 3 keys and the owner's manual will be provided with the purchase as well. We improved upon the condition by completing a fresh service and safety inspection in our service department. This bike is ready to ride and needs nothing. Pictures. SCROLL DOWN FOR HIGH RESOLUTION PICTURES!!!!!!!! Engine Type Water-cooled 4-stroke in-line two-cylinder engine, two overhead camshafts, four valves per cylinder, dry sump lubrication Bore x stroke 82 mm x 75.6 mm Capacity 798 cc Rated output 90 hp (66 kW) at 8,000 rpm Max. torque 63 lb/ft (86 Nm) at 5,800 rpm Compression ratio 12.0 : 1 Mixture control / engine management Electronic intake pipe injection, digital engine management (BMS-K+) Emission control Closed-loop 3-way catalytic converter, emission standard EU-3 Performance / fuel consumption Maximum speed Over 125 mph Fuel consumption per 100 km at constant 90 km/h 69 mpg, at a constant 55 mph Fuel consumption per 100 km at constant 120 km/h 55 mpg, at a constant 75 mph Fuel type Unleaded super Electrical system Alternator three-phase alternator 400 W Battery 12 V / 12 Ah, maintenance-free Power transmission Clutch Multiple-disc clutch in oil bath, mechanically operated Gearbox Constant mesh 6-speed gearbox integrated into crankcase Drive Belt drive Chassis / brakes Frame Bridge-type frame, cast aluminium, load-bearing engine Front wheel location / suspension Telescopic fork, Ø 43 mm Rear wheel location / suspension Cast aluminium single-sided swing arm with eccentric adjustment for rear axle, central spring strut, spring pre-load hydraulically adjustable (continuously variable) via handwheel, Suspension travel front / rear 4.9 / 4.9 inches (125 mm / 125 mm) Wheelbase 59.6 inches (1,514 mm) Castor 3.7 inches (94.6 mm) Steering head angle 64.2° Wheels Cast aluminium wheels Rim, front 3.50 x 17 inches Rim, rear 5.50 x 17 inches Tyres, front 120/70 ZR 17 Tyres, rear 180/55 ZR 17 Brake, front Dual floating disc brakes, diameter 320 mm, 4-piston fixed calipers Brake, rear Single disc, diameter 265 mm, single-piston floating caliper ABS STANDARD Dimensions / weights Length 84.9 inches (2,156 mm) Width (incl. mirrors) 35.5 inches (902 mm) Height (excl. mirrors) 49.1 inches (1,248 mm) Seat height, unladen weight 31.5 inches Standard; variable seat heights available between 30.1 inches and 32.3 inches (available as accessories and/or factory options, see an authorized BMW Motorrad dealer) Inner leg curve, unladen weight 72.2 inches Standard; variable inner leg curve (inseam) between 69.1 and 73.2 inches (seats available as accessories and/or factory options, see an authorized BMW Motorrad dealer) Unladen weight, road ready, fully fuelled 1) 470 lbs Dry weight Permitted total weight 926 lbs Payload (with standard equipment) 456 lbs Usable tank volume 4.0 gallons Reserve 0.8 gallon Technical data relate to the unladen weight (DIN) 1) According to guideline 93/93/EWG with all fluids, fuelled with at least 90% of usable tank volume CHECK OUR PROMOTIONAL DELIVERY RATES : $99 door to door delivery in: FLORIDA. $299 door to door delivery in: AL, GA, SC. $399 door to doordelivery in:LA, TX, MS, NC, TN,OK, VA. $ 499 door to doordelivery in:WV, KY, PA, MD, DE,NJ, NY, CT, AR, MO,IL, OH, WI, MI, MA. $499 door to door delivery in:NH, VT, ME, MN, IA,KS. $ 599 door to doordelivery in:CA, NM, AZ ,CO, UT,NV. $ 1399 door to doordelivery in:WA, OR, ID ,WY, MT, ND, SD, NE. OTHER STATES PLEASE E-MAIL FOR QUOTE. Payment Information:The successful high bidder shall remit a $500.00 deposit within 24hours of the close of the auction to secure the motorcycle. Deposit can be accepted in the form of money order, certified check, or bank transfer within 24 hours of the auction closing. All financial transactions should be completed within 7 days of auction end. Bidder will email or fax us name, address, phone/fax. Buyer is responsible for all shipping costs. The seller reserves the right to cancel this auction at any time for any reason. The following terms of sale apply to all of our online auctions. Payment methods: certified bank check, bank transfer, money order, third party financing. All funds must be in US dollars only. Please be sure to have full payment and/or approved financing in place before making your final bid. Call us for more information By placing a bid/offer or by clicking the " BUY IT KNOW" button on EBay for this motorcycle you are entering into a legal and binding contract to purchase the above-described motorcycle. We reserve the right to cancel all existing bids and end the auction early should the item no longer be available for sale. The mileage on this motorcycle can be slightly higher due to test drives.Non-refundable deposit of $500.00 must be paid within 24 hours of the close of the auction. The remaining balance must be paid within 7 days. If the motorcycle is not paid in 7 days the seller reserves the right to cancel the transaction and to retain the buyer's deposit.Processing fee is $395 regardless of the state of residence. It is mandatory and non-negotiable. Processing fee covers administrative expenses of the auction: company administrative fee, web design and auction designing, auction fees, detailing and final tune-up. Processing fee is not a part of final bid amount. We don't make exceptions for dealers. If you live in another state and you want to pick up your truck and drive it home, you are more then welcome to do so. We can arrange airport pickup. It's a courtesy and provided at no additional cost to you. Call us if you have any questions. WARRANTY INFORMATION Buyer acknowledges and agrees that the Motorcycle is being sold "AS IS" and "WITH ALL FAULTS" by Seller. Seller is not making any warranties, express or implied and SELLER EXPRESSLY EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES OF ANY NATURE. Seller expressly does not warrant the correctness of the odometer reading, year of manufacture, make, model, class or style, prior use or condition of the Motorcycle. First Picture is a stock photo. Buyer acknowledges that prior to the sale, Seller has provided to Buyer the opportunity to inspect the Motorcycle or have it inspected by a mechanic of Buyer's choosing at Buyer's expense. By accepting delivery of the Motorcycle Buyer agrees that the condition of the Motorcycle is satisfactory and acceptable. Buyer agrees that any and all advertisements relating to the Motorcycle are not warranties made by Seller and that they should not be relied upon by Buyer in making this purchase. Seller disclaims all liability for any mistakes, inaccurate descriptions or other misstatements in its advertisements and Buyer agrees that Buyer's opportunity to inspect the Motorcycle allows Buyer to verify the accuracy of any advertisements before purchase. Motorcycle history reports provided by third parties, such as carfax.com and/or autocheck.com may not be current and/or accurate and Buyer relies on such reports at his or her own risk. Buyer understands and agrees that Seller's managers, employees, agents and/or representatives are NOT authorized to make verbal promises or representations relating in any way the Motorcycle. Buyer agrees that unless such promises or representations have been reduced to writing as part of this Order, that Buyer is not relying on such promises or representations in purchasing the Motorcycle and Buyer waives the right to seek to enforce such promises or representations. Buyer acknowledges that the Motorcycle being purchased was acquired by Seller through trade, a public or private sale or at an auction under circumstances in which the prior owner's registration and/or use of the Motorcycle may not have been disclosed to Seller. Even if not designated on this Order, Buyer acknowledges that the Motorcycle being purchased may have been titled, registered or used as a (a) short term lease motorcycle, (b) taxicab; or (c) police motorcycle. In addition, the Motorcycle may be (a) rebuilt, assembled from parts, or combined; (b) a kit car, glider kit, replica motorcycle; (c) total loss motorcycle, previously damaged, (d) a flood motorcycle , (e) a not actual mileage motorcycle and/or (f) a non-conforming motorcycle as that term is defined under Chapter 681 of the Florida Statutes. It is Buyer's sole obligation to independently verify the Motorcycle's prior use or designation prior to purchase, if these items are material to Buyer. It is the responsibility of the buyer to have thoroughly inspected the motorcycle as well as to research title and accidents history and to have satisfied himself or herself as to the condition and value and to make a purchase decision based upon that judgment solely. Seller assumes no responsibility for any previous damage or accidents the motorcycle might had in the past. Buyer does not rely on any statements from Seller relating to the history of the motorcycle. Buyer expressly acknowledges that the Motorcycle being purchased under this Order has been involved in an prior accident, has salvage history and sustained damage as a result of such accident and that repairs have been done to it. Seller makes no representations as to the nature and extent of such accident damage and/or the nature and sufficiency of the repairs. The damage to the Motorcycle may include damage that resulted in the Motorcycle being deemed a total loss by an insurance company. The Motorcycle's status as a total loss motorcycle may or may not be reflected on the Motorcycle's certificate of title and/or in the Motorcycle's title history. Seller makes no warranties, representation or assurances that the motor motorcycle contains only original manufacturer installed or manufacturer rebuilt components, parts or accessories. Buyer agrees that the Motorcycle has been delivered to Buyer and Buyer accepts delivery of the Motorcycle in Florida, at Seller's principle place of business. If Buyer is shipping the Motorcycle out of state, then the person accepting delivery of the Motorcycle for Buyer shall be deemed Buyer's agent for accepting delivery of the Motorcycle in Florida. This Order and the entire transaction between the parties shall be governed by Florida law. Arbitration.- The parties to this Order hereby agree that any and all Claims (defined below) shall be decided through binding arbitration as provided for herein. For purposes of this arbitration provision: Us/Our means: Diamond Enterprise Financial Inc d/b/a USA Cars, its parents,subsidiaries, affiliates, predecessors and successors in interest, and agents, and all of their officers, directors and employees. In addition, Us/Ouralso means any third party alleged to be Our agent or to be acting on Our behalf. You/Your means the customer signing this agreement andacquiring a motorcycle as part of this transaction. Transaction means your purchase and financing of the motorcycle. Claim means any claim, dispute orcontroversy between you and us arising from or related to: 1) the Transaction; 2) any negotiations and/or representations relating in any way tothe Transaction, including, but not limited to any issues relating to the advertising of the motorcycle; 3) the motorcycle acquired as part of the Transaction;4) Our efforts to collect any amounts due under the contract or as part of the Transaction; 5) Our recovery or attempted recovery of the motorcycle;and 6) the validity, enforceability or scope of this Order and this arbitration provision. For purposes of this arbitration provision Claim has thebroadest possible meaning. It includes claims of every kind and nature regardless of who initiates it. This arbitration provision requires that allClaims be arbitrated before an arbitrator instead of litigated in court with a Judge and/or a jury. The Claim shall be arbitrated on an individualbasis and not as a class action. This provision applies to all Claims, even Claims that existed before you sign it. Any Claim shall be resolved, onYour election or Ours, by arbitration under this provision. A single arbitrator shall decide the dispute. The applicable rules of the arbitrationadministrator in place at the time of the filing of the Claim will also apply The arbitration shall be conducted by:J.A.M.S./Endispute, 700 11th Street, NW, Suite 450 Washington, DC 20001,www.jamsADR.com, (800) 352-5267Any arbitration hearing shall take place in Pinellas County, Florida. The party initiating the arbitration shall pay any filing fee required to institute such a proceeding. Thereafter, each party shall be responsible for half of the fees and expenses related to the arbitration, unless otherwise provided by the applicable rules of the administrator. The arbitrator shall have the right to award arbitration costs if applicable law allows forsuch an award.Each party shall pay its own attorneys', experts' and witness fees, regardless of who prevails in the arbitration, unless the law gives aparty the right to recover any of those fees from the other party.The Federal Arbitration Act (“FAAâ€) governs this Agreement.In rendering any decision, the arbitrator shall apply applicable substantive law of the state of Florida.. In addition to all other rights and remedies available to Seller at law or in equity, Seller has the following rights and remedies under this Order: (a) Reclamation.- Seller may enter into Buyer's property and reclaim the Motorcycle with or without notification to Buyer. Seller may also make a written demand on Seller to return the Motorcycle and Buyer agrees to do so within 24 hours of such demand. (b) Disposition of Trade - Buyer agrees that immediately upon Buyer's execution of this Order, Seller may dispose of Buyer's Trade in any commercially reasonable manner, including the sale of the Trade to a third party, retail or wholesale. In the event that this Order is not completed for any reason or in the event that it is rescinded for any reason, Seller agrees that Buyer may retain the proceeds of the sale of the Trade to offset its damages, if any. If Seller does not have any damages relating to rescission or failure of this Order to be completed, Seller may retain any costs and reconditioning expenses relating to the sale plus a 15% commission on the sale from the sale proceeds. The remaining amount shall be delivered to Buyer in full satisfaction of any claims relating to the Trade.(c) In the event that Buyer pursues any claim for rescission of this transaction, Seller shall have the right to set off against Buyer's damages or to assert as an independent claim, a claim for the reasonable value of Buyer's use of the motorcycle, including depreciation and mileage of the Motorcycle. If any term of this Order is held to be unconscionable or unenforceable, for any reason, by any court of competent jurisdiction, this Order shall be construed as if such clause were never a part of this Order and the balance of the terms of this Order shall be binding on the parties. The waiver or invalidity of any provision of this Order shall not effect the binding nature of the remaining provisions. No breach of this Order by Buyer shall be deemed waived unless such waiver is agreed to by Seller in writing. The parties agree that any modification of this Order must be made in writing and signed by the parties in order to be valid. Buyer agrees that Buyer's deposit on the Motorcycle is non-refundable, unless otherwise agreed to in writing by Buyer and Seller.In addition to any other breaches of this Order, the following expressly constitute acts of default under this Order: (a) The refusal of any financial institution to finance any portion of the purchase price; (b) The failure of Buyer to make any payment required under any accompanying finance agreement; (c) The failure of Buyer to provide Seller with a lien free title to any Trade or the failure of Buyer to pay Seller any amount in excess of the payoff on the Trade after demand from Seller; (d) Any misstatement or misrepresentation by Buyer, whether intentional or not, on any document submitted to Seller in connection with this transaction. (e) The refusal of any financial institution to honor any check, draft or other instrument presented by Seller in connection with the acquisition of the Motorcycle. Call us for more information 1-888-785-0507 or email us at [email protected]
BMW : R-Series 2013 BMW R1200 RT JUST 1450 MILES PRISITNE CONDITION
$17,980
Clearwater, Florida
Year -
Make -
Model -
Category -
Engine -
Posted Over 1 Month
USA Cars 4481 107th Circle North Clearwater, FL 888-785-0507 2013 BMW R1200RT Year: 2013 Make: BMW Model: R1200RT Trim: Stock #: 827 VIN: WB1044000DZW21765 Transmission: Exterior Color: Gray Interior Type: Mileage: 1,450 Primary Contact: USA Cars Phone: 888-785-0507 MOTORCYCLE IS IN PRISTINE/ MINT CONDITION. LITTLE SCRATCH ON THE LEFT BOX. NEVER DOWN. IT HAS VERY LOW MILES ON IT. WUNDERLICH CRASH BARS FOR FRONT AND REAR HAS BEEN INSTALLED ( $778 VALUE). THE FIRST SERVICE HAS BEEN DONE AT BMW AT 618 MILES. THE OIL & FILTER HAS BEEN CHANGED BEFORE PUTTING THE MOTORCYCLE FOR SALE( WITH RECOMMENDED CASTROL POWER RS RACING 4T SAE 5W-40). TIRES IN PERFECT CONDITION. PLEASE CALL US OR EMAIL US WITH ANY QUESTIONS. ABS, HEATED GRIPS AND SEATS , RADIO AM/FM WITH SIRIUS RADIO, USB\AUX IN, ADJUSTIBLE SUSPENSION, POWER WINDSHIELD, CRUISE CONTROL AND MORE. PLEASE CALL US OR EMAIL US WITH ANY QUESTIONS. SCROLL DOWN FOR HIGH RESOLUTION PICTURES!!!!!!!! THE BIKE COMES WITH 3 YEARS / 36000 MILES BMW FACTORY WARRANTY!!! Vehicle History Report CLICK TO SEE FREE AUTOCHECK REPORT Pictures. SCROLL DOWN FOR HIGH RESOLUTION PICTURES!!!!!!!! Model: BMW R 1200 RT Year: 2013 Category: Touring Rating: 72.5 out of 100. Show full rating and compare with other bikes Engine and transmission Displacement: 1170.00 ccm (71.39 cubic inches) Engine type: Two cylinder boxer, two-stroke Power: 110.00 HP (80.3 kW)) @ 7750 RPM Torque: 89.00 Nm (9.1 kgf-m or 65.6 ft.lbs) @ 6000 RPM Top speed: 201.2 km/h (125.0 mph) Compression: 12.0:1 Bore x stroke: 101.0 x 73.0 mm (4.0 x 2.9 inches) Fuel system: Injection. Electronic intake pipe injection / BMS-K+ digital engine management with overrun fuel cut-off, twin spark ignition Fuel control: DOHC Lubrication system: Dry sump Cooling system: Oil & air Gearbox: 6-speed Transmission type, final drive: Shaft drive (cardan) Clutch: Single dry plate clutch, hydraulically operated Driveline: Constant mesh Fuel consumption: 4.13 litres/100 km (24.2 km/l or 56.95 mpg) Greenhouse gases: 95.8 CO2 g/km. (CO2 - Carbon dioxide emission) Emission details: Closed-loop 3-way catalytic converter, emission standard EU-3 Chassis, suspension, brakes and wheels Frame type: Two-section frame consisting of front and rear sections, load-bearing engine-gearbox unit Rake (fork angle): 26.2° Trail: 114 mm (4.5 inches) Front suspension: BMW Motorrad Telelever Front suspension travel: 119 mm (4.7 inches) Rear suspension: Cast aluminum single-sided swing arm with BMW Motorrad Paralever Rear suspension travel: 135 mm (5.3 inches) Front tyre dimensions: 120/70-17 Rear tyre dimensions: 180/55-17 Front brakes: Double disc. Floating discs. Four-piston calipers. ABS. Front brakes diameter: 320 mm (12.6 inches) Rear brakes: Single disc. Floating disc. Two-piston calipers. ABS. Rear brakes diameter: 265 mm (10.4 inches) Wheels: Cast aluminum wheels Physical measures and capacities Dry weight: 233.2 kg (514.0 pounds) Weight incl. oil, gas, etc: 263.1 kg (580.0 pounds) Power/weight ratio: 0.4718 HP/kg Seat height: 818 mm (32.2 inches) If adjustable, lowest setting. Overall height: 1,430 mm (56.3 inches) Overall length: 2,230 mm (87.8 inches) Overall width: 904 mm (35.6 inches) Wheelbase: 1,483 mm (58.4 inches) Fuel capacity: 24.98 litres (6.60 gallons) Reserve fuel capacity: 3.79 litres (1.00 gallons) Other specifications Starter: Electric Electrical: 12 V / 19 Ah, maintenance-free battery CHECK OUR PROMOTIONAL DELIVERY RATES : $99 door to door delivery in: FLORIDA. $299 door to door delivery in: AL, GA, SC. $399 door to doordelivery in:LA, TX, MS, NC, TN,OK, VA. $ 499 door to doordelivery in:WV, KY, PA, MD, DE,NJ, NY, CT, AR, MO,IL, OH, WI, MI, MA. $499 door to door delivery in:NH, VT, ME, MN, IA,KS. $ 599 door to doordelivery in:CA, NM, AZ ,CO, UT,NV. $ 1399 door to doordelivery in:WA, OR, ID ,WY, MT, ND, SD, NE. OTHER STATES PLEASE E-MAIL FOR QUOTE. Payment Information:The successful high bidder shall remit a $500.00 deposit within 24hours of the close of the auction to secure the vehicle. Deposit can be accepted in the form of money order, certified check, or bank transfer within 24 hours of the auction closing. All financial transactions should be completed within 7 days of auction end. Bidder will email or fax us name, address, phone/fax. Buyer is responsible for all shipping costs. The seller reserves the right to cancel this auction at any time for any reason. The following terms of sale apply to all of our online auctions. Payment methods: certified bank check, bank transfer, money order, third party financing. All funds must be in US dollars only. Please be sure to have full payment and/or approved financing in place before making your final bid. Call us for more information By placing a bid/offer or by clicking the " BUY IT KNOW" button on EBay for this vehicle you are entering into a legal and binding contract to purchase the above-described vehicle. We reserve the right to cancel all existing bids and end the auction early should the item no longer be available for sale. The mileage on this vehicle can be slightly higher due to test drives.Non-refundable deposit of $500.00 must be paid within 24 hours of the close of the auction. The remaining balance must be paid within 7 days. If the vehicle is not paid in 7 days the seller reserves the right to cancel the transaction and to retain the buyer's deposit.Processing fee is $395 regardless of the state of residence. It is mandatory and non-negotiable. Processing fee covers administrative expenses of the auction: company administrative fee, web design and auction designing, auction fees, detailing and final tune-up. Processing fee is not a part of final bid amount. We don't make exceptions for dealers. If you live in another state and you want to pick up your truck and drive it home, you are more then welcome to do so. We can arrange airport pickup. It's a courtesy and provided at no additional cost to you. Call us if you have any questions. WARRANTY INFORMATION Buyer acknowledges and agrees that the Vehicle is being sold "AS IS" and "WITH ALL FAULTS" by Seller. Seller is not making any warranties, express or implied and SELLER EXPRESSLY EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES OF ANY NATURE. Seller expressly does not warrant the correctness of the odometer reading, year of manufacture, make, model, class or style, prior use or condition of the Vehicle. Buyer acknowledges that prior to the sale, Seller has provided to Buyer the opportunity to inspect the Vehicle or have it inspected by a mechanic of Buyer's choosing at Buyer's expense. By accepting delivery of the Vehicle Buyer agrees that the condition of the Vehicle is satisfactory and acceptable. Buyer agrees that any and all advertisements relating to the Vehicle are not warranties made by Seller and that they should not be relied upon by Buyer in making this purchase. Seller disclaims all liability for any mistakes, inaccurate descriptions or other misstatements in its advertisements and Buyer agrees that Buyer's opportunity to inspect the Vehicle allows Buyer to verify the accuracy of any advertisements before purchase. Vehicle history reports provided by third parties, such as carfax.com and/or autocheck.com may not be current and/or accurate and Buyer relies on such reports at his or her own risk. Buyer understands and agrees that Seller's managers, employees, agents and/or representatives are NOT authorized to make verbal promises or representations relating in any way the Vehicle. Buyer agrees that unless such promises or representations have been reduced to writing as part of this Order, that Buyer is not relying on such promises or representations in purchasing the Vehicle and Buyer waives the right to seek to enforce such promises or representations. Buyer acknowledges that the Vehicle being purchased was acquired by Seller through trade, a public or private sale or at an auction under circumstances in which the prior owner's registration and/or use of the Vehicle may not have been disclosed to Seller. Even if not designated on this Order, Buyer acknowledges that the Vehicle being purchased may have been titled, registered or used as a (a) short term lease vehicle, (b) taxicab; or (c) police vehicle. In addition, the Vehicle may be (a) rebuilt, assembled from parts, or combined; (b) a kit car, glider kit, replica vehicle; (c) total loss vehicle, previously damaged, (d) a flood vehicle , (e) a not actual mileage vehicle and/or (f) a non-conforming vehicle as that term is defined under Chapter 681 of the Florida Statutes. It is Buyer's sole obligation to independently verify the Vehicle's prior use or designation prior to purchase, if these items are material to Buyer. It is the responsibility of the buyer to have thoroughly inspected the vehicle as well as to research title and accidents history and to have satisfied himself or herself as to the condition and value and to make a purchase decision based upon that judgment solely. Seller assumes no responsibility for any previous damage or accidents the vehicle might had in the past. Buyer does not rely on any statements from Seller relating to the history of the vehicle. Buyer expressly acknowledges that the Vehicle being purchased under this Order has been involved in an prior accident, has salvage history and sustained damage as a result of such accident and that repairs have been done to it. Seller makes no representations as to the nature and extent of such accident damage and/or the nature and sufficiency of the repairs. The damage to the Vehicle may include damage that resulted in the Vehicle being deemed a total loss by an insurance company. The Vehicle's status as a total loss vehicle may or may not be reflected on the Vehicle's certificate of title and/or in the Vehicle's title history. Seller makes no warranties, representation or assurances that the motor vehicle contains only original manufacturer installed or manufacturer rebuilt components, parts or accessories. Buyer agrees that the Vehicle has been delivered to Buyer and Buyer accepts delivery of the Vehicle in Florida, at Seller's principle place of business. If Buyer is shipping the Vehicle out of state, then the person accepting delivery of the Vehicle for Buyer shall be deemed Buyer's agent for accepting delivery of the Vehicle in Florida. This Order and the entire transaction between the parties shall be governed by Florida law. Arbitration.- The parties to this Order hereby agree that any and all Claims (defined below) shall be decided through binding arbitration as provided for herein. For purposes of this arbitration provision: Us/Our means: Diamond Enterprise Financial Inc d/b/a USA Cars, its parents,subsidiaries, affiliates, predecessors and successors in interest, and agents, and all of their officers, directors and employees. In addition, Us/Ouralso means any third party alleged to be Our agent or to be acting on Our behalf. You/Your means the customer signing this agreement andacquiring a vehicle as part of this transaction. Transaction means your purchase and financing of the vehicle. Claim means any claim, dispute orcontroversy between you and us arising from or related to: 1) the Transaction; 2) any negotiations and/or representations relating in any way tothe Transaction, including, but not limited to any issues relating to the advertising of the vehicle; 3) the vehicle acquired as part of the Transaction;4) Our efforts to collect any amounts due under the contract or as part of the Transaction; 5) Our recovery or attempted recovery of the vehicle;and 6) the validity, enforceability or scope of this Order and this arbitration provision. For purposes of this arbitration provision Claim has thebroadest possible meaning. It includes claims of every kind and nature regardless of who initiates it. This arbitration provision requires that allClaims be arbitrated before an arbitrator instead of litigated in court with a Judge and/or a jury. The Claim shall be arbitrated on an individualbasis and not as a class action. This provision applies to all Claims, even Claims that existed before you sign it. Any Claim shall be resolved, onYour election or Ours, by arbitration under this provision. A single arbitrator shall decide the dispute. The applicable rules of the arbitrationadministrator in place at the time of the filing of the Claim will also apply The arbitration shall be conducted by:J.A.M.S./Endispute, 700 11th Street, NW, Suite 450 Washington, DC 20001,www.jamsADR.com, (800) 352-5267Any arbitration hearing shall take place in Pinellas County, Florida. The party initiating the arbitration shall pay any filing fee required to institute such a proceeding. Thereafter, each party shall be responsible for half of the fees and expenses related to the arbitration, unless otherwise provided by the applicable rules of the administrator. The arbitrator shall have the right to award arbitration costs if applicable law allows forsuch an award.Each party shall pay its own attorneys', experts' and witness fees, regardless of who prevails in the arbitration, unless the law gives aparty the right to recover any of those fees from the other party.The Federal Arbitration Act (“FAAâ€) governs this Agreement.In rendering any decision, the arbitrator shall apply applicable substantive law of the state of Florida.. In addition to all other rights and remedies available to Seller at law or in equity, Seller has the following rights and remedies under this Order: (a) Reclamation.- Seller may enter into Buyer's property and reclaim the Vehicle with or without notification to Buyer. Seller may also make a written demand on Seller to return the Vehicle and Buyer agrees to do so within 24 hours of such demand. (b) Disposition of Trade - Buyer agrees that immediately upon Buyer's execution of this Order, Seller may dispose of Buyer's Trade in any commercially reasonable manner, including the sale of the Trade to a third party, retail or wholesale. In the event that this Order is not completed for any reason or in the event that it is rescinded for any reason, Seller agrees that Buyer may retain the proceeds of the sale of the Trade to offset its damages, if any. If Seller does not have any damages relating to rescission or failure of this Order to be completed, Seller may retain any costs and reconditioning expenses relating to the sale plus a 15% commission on the sale from the sale proceeds. The remaining amount shall be delivered to Buyer in full satisfaction of any claims relating to the Trade.(c) In the event that Buyer pursues any claim for rescission of this transaction, Seller shall have the right to set off against Buyer's damages or to assert as an independent claim, a claim for the reasonable value of Buyer's use of the vehicle, including depreciation and mileage of the Vehicle. If any term of this Order is held to be unconscionable or unenforceable, for any reason, by any court of competent jurisdiction, this Order shall be construed as if such clause were never a part of this Order and the balance of the terms of this Order shall be binding on the parties. The waiver or invalidity of any provision of this Order shall not effect the binding nature of the remaining provisions. No breach of this Order by Buyer shall be deemed waived unless such waiver is agreed to by Seller in writing. The parties agree that any modification of this Order must be made in writing and signed by the parties in order to be valid. Buyer agrees that Buyer's deposit on the Vehicle is non-refundable, unless otherwise agreed to in writing by Buyer and Seller.In addition to any other breaches of this Order, the following expressly constitute acts of default under this Order: (a) The refusal of any financial institution to finance any portion of the purchase price; (b) The failure of Buyer to make any payment required under any accompanying finance agreement; (c) The failure of Buyer to provide Seller with a lien free title to any Trade or the failure of Buyer to pay Seller any amount in excess of the payoff on the Trade after demand from Seller; (d) Any misstatement or misrepresentation by Buyer, whether intentional or not, on any document submitted to Seller in connection with this transaction. (e) The refusal of any financial institution to honor any check, draft or other instrument presented by Seller in connection with the acquisition of the Vehicle. Call us for more information 1-888-785-0507 or email us at [email protected]
